Senate OKs $18.2 million award for care of brain-damaged girl

State denied her a shield from abuse

Tallahassee — The Florida Senate on Tuesday approved an $18.2 million settlement for 9-year-old Marissa Amora, the largest claims bill approved by state lawmakers in a decade.

Marissa, also known as Moesha, suffered irreversible brain damage when she lived in Lake Worth and became a victim of abuse by her mother and her mother's live-in-boyfriend - even after state child-welfare workers were warned by medical professionals that she was in danger.

Marissa's story unfolded before a hushed Senate chamber, as senators learned details of her abuse at the age of 2 and were told she cannot walk on her own and must use a feeding tube to get nourishment. They also were told that the state Department of Children & Families admitted negligence.

A Palm Beach County jury awarded Marissa $26 million, but the state determined $18.2 million was a realistic amount to care for the child, who never will progress beyond the mental age of 3. The funds will be spent for her care under a judge's direction.

"Not one cent will ever be able to restore this young girl to chew her own food, to go on her first date or be able to stand on her own," said Sen. Jeff Atwater, R-North Palm Beach, in pleading with colleagues to approve the settlement. "She is counting on us today. We are the last chance for this young girl ... so she will never be left to cry and wonder if she has a safe place to sleep."

Marissa was first hospitalized in November 2000 and taken to Miami Children's Hospital.

Despite reports that the mother physically hurt the child even when she was in the hospital, the state allowed Marissa to return home. Two months later she was taken to the emergency room at Bethesda Memorial Hospital in Boynton Beach with severe head and spinal injuries.

"The belief is she was swung by her ankles against a wall," Atwater said.

The Senate approved the measure in a 32-6 vote after the bill's sponsor, Sen. Al Lawson, D-Tallahassee, made an emotional plea for support.

"This is one of the most emotional claims bills I've ever been involved with," said Lawson, a 26-year legislative veteran. "I've never pleaded or begged for a bill ... but, here in America, a tragedy like this should never have happened."

Already approved by the House, the measure (HB 443) now heads to the governor's desk.

Marissa lives with her adoptive family in the Panhandle town of Marianna. Her birth mother was convicted on child abuse charges. Her mother's live-in-boyfriend has never been found and never was charged.

Linda Kleindienst can be reached at lkleindienst@sun-sentinel.com or 850-224-6214.